Dad urinated on patrol car with three gardai inside

The prosecution agreed to withdraw the indecency charge over a constitutional challenge before the High Court. (Stock image)

Prosecutors have dropped an indecency charge against a father-of-four who was accused of urinating on a garda car at a McDonald's drive-through.

Community employment worker Martin McDonagh (43) drunkenly relieved himself on the patrol car while three shocked gardai sat inside, a court was told. However, the prosecution agreed to withdraw the indecency charge over a constitutional challenge before the High Court.

Judge Kathryn Hutton struck that charge out but ordered the accused to carry out 40 hours of community service for unrelated public order offences.

McDonagh had a serious problem with spirits but would "now stick to beer".

Dublin District Court heard gardai were outside the drive-through on the Malahide Road in Coolock last December 8.

Abusive

At 11.15pm, McDonagh approached the patrol car in an extremely intoxicated state and urinated on it.

He was verbally abusive when arrested.

Defence barrister Shaun Smyth asked Judge Hutton to strike out that charge pending the outcome of the High Court proceedings.

McDonagh, of Moatview Drive, Priorswood, admitted separate public order offences.

The court heard he was arrested for public drunkenness, breach of the peace and failing to move on for gardai at Priorswood Road on August 16, 2015.

McDonagh had a very serious alcohol problem at the time, Mr Smyth said.

While not off drink, he would now "usually stick to beer and stay away from spirits".

His behaviour had been "absolutely ludicrous" and he was "visibly embarrassed".